European Union (Recognition of Professional Qualifications) Regulations 2017.

• Jurisdiction: Ireland
• Citation: IR SI 8/2017

ARRANGEMENT OF REGULATIONS

Part 1

Preliminary

Regulation

1. Citation.

2. Commencement.

3. Interpretation.

4. Scope of Regulations.

Part 2

Competent authorities, national co-ordination and assistance centre

5. Designation of competent authorities in State.

6. Functions of competent authorities.

7. National co-ordination.

8. Assistance centre.

Part 3

Effects of recognition

9. General effect of recognition.

10. Partial access.

Part 4

Free provision of services on temporary and occasional basis

11. Principle of free provision of services.

12. Exemptions, requirements and revocations in relation to free provision of services.

13. Declaration to be made in advance.

14. Use of professional title when providing temporary and occasional services.

15. Checking of professional qualifications.

16. Administrative co-operation.

17. Information to be given to recipients of service.

Part 5

General system for recognition of evidence of training

18. Scope of Part 5.

19. Levels of qualification.

20. Equal treatment of qualifications.

21. Conditions for recognition.

22. Compensation measures.

23. Adaptation period.

24. Aptitude test.

Part 6

Automatic recognition of professional experience in craft, commerce and industry sectors

25. Scope of Part 6.

26. Automatic recognition of professional experience.

27. Activities referred to in list I of Annex IV to Directive.

28. Activities referred to in list II of Annex IV to Directive.

29. Activities referred to in list III of Annex IV to Directive.

Part 7

Automatic recognition — doctors of medicine

30. Automatic recognition of doctors.

31. Training of doctors.

32. Access to and pursuit of professional activities of doctors.

33. Acquired rights specific to specialised doctors.

34. Acquired rights specific to general practitioners.

Part 8

Automatic recognition — nurses responsible for general care

35. Automatic recognition of nurses responsible for general care.

36. Training of nurses responsible for general care.

37. Access to and pursuit of professional activities of nurses responsible for general care.

38. Acquired rights specific to nurses responsible for general care.

Part 9

Automatic recognition — dental practitioners

39. Automatic recognition of dental practitioners.

40. Dental training.

41. Access to and pursuit of professional activities of dental practitioners.

42. Acquired rights specific to dental practitioners.

Part 10

Automatic recognition — veterinary surgeons

43. Automatic recognition of veterinary surgeons.

44. Training of veterinary surgeons.

45. Access to and pursuit of professional activities of veterinary surgeons.

46. Acquired rights specific to veterinary surgeons.

Part 11

Automatic recognition — midwives

47. Automatic recognition of midwives.

48. Training of midwives.

49. Access to and pursuit of professional activities of midwife.

50. Procedures for recognition of evidence of formal qualifications as midwife.

51. Acquired rights specific to midwives.

Part 12

Automatic recognition — pharmacists

52. Automatic recognition of pharmacists.

53. Training of pharmacists.

54. Access to and pursuit of professional activities of pharmacists.

55. Acquired rights specific to pharmacists.

Part 13

Automatic recognition — architects

56. Automatic recognition of architects.

57. Training of architects.

58. Pursuit of professional activities of architect.

59. Acquired rights specific to architects.

Part 14

Automatic recognition — common acquired rights

60. Training begun before reference dates.

61. German Democratic Republic.

62. Czech Republic and Slovakia.

63. Estonia, Latvia and Lithuania.

64. Slovenia and Croatia.

65. Different title for qualification.

Part 15

Applications for recognition of professional qualifications

66. Scope of Part 15.

67. Applications procedure.

68. Documentation and formalities.

69. Justified doubts.

70. Exchange of information.

71. Recognition of professional traineeship.

Part 16

European Professional Card

72. Scope of Part 16.

73. Designation of competent authorities for European Professional Card applications.

74. Purpose and effect of European Professional Card.

75. Application for European Professional Card — general provisions.

76. European Professional Card for temporary and occasional services in other Member States without prior check.

77. European Professional Card for temporary and occasional services in State without prior check.

78. European Professional Card for establishment, or temporary and occasional services with prior check, in other Member States.

79. European Professional Card for establishment, or temporary and occasional services with prior check, in State.

80. Processing and access to data regarding European Professional Card.

Part 17

Revocation of documents, reversal of decisions and appeals

81. Revocation of document by competent authority.

82. Reversal of recognition decision.

83. Appeals.

Part 18

Pursuit of profession

84. Use of professional titles.

85. Knowledge of languages.

86. Use of academic titles.

Part 19

Alerts

87. Alert mechanism.

Part 20

Electronic processing and fees

88. Procedures by electronic means.

89. Charging of fees by competent authority.

Part 21

Revocations, amendments and transitional arrangements

90. Revocations.

91. Amendment of Pharmacy Act 2007.

92. Amendment of Health and Social Care Professionals Act 2005.

93. Amendment of Nurses and Midwives Act 2011.

94. Amendment of Dentists Act 1985.

95. Amendment of Medical Practitioners Act 2007.

96. Transitional measures.

Schedule 1

REGULATED PROFESSIONS AND COMPETENT AUTHORITIES

Schedule 2

PROFESSIONS IN WHICH COMPETENT AUTHORITIES ARE REQUIRED TO PROVIDE FOR AUTOMATIC TEMPORARY REGISTRATION IN ACCORDANCE WITH REGULATION 12(2)

Schedule 3

PROFESSIONS WHICH HAVE PUBLIC HEALTH OR SAFETY IMPLICATIONS AND IN RESPECT OF WHICH COMPETENT AUTHORITIES MAY CHECK PROFESSIONAL QUALIFICATIONS PRIOR TO FIRST PROVISION OF SERVICES ON TEMPORARY AND OCCASIONAL BASIS

Schedule 4

LEVELS OF QUALIFICATION UNDER GENERAL SYSTEM FOR RECOGNITION OF EVIDENCE OF TRAINING

Schedule 5

PROFESSIONS AND PROFESSIONAL ACTIVITIES WHOSE PURSUIT REQUIRES PRECISE KNOWLEDGE OF NATIONAL LAW AND IN RESPECT OF WHICH THE PROVISION OF ADVICE OR ASSISTANCE CONCERNING NATIONAL LAW IS AN ESSENTIAL AND CONSTANT ASPECT OF THE PROFESSIONAL ACTIVITY

Schedule 6

PROFESSIONS AND COMPETENT AUTHORITIES TO WHICH PART 9 (EUROPEAN PROFESSIONAL CARD) APPLIES

S.I. No. 8 of 2017

EUROPEAN UNION (RECOGNITION OF PROFESSIONAL QUALIFICATIONS) REGULATIONS 2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th January, 2017.

I, RICHARD BRUTON, Minister for Education and Skills, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051 , as amended by Directive 2013/55/EU of the European Parliament and of the Council of 20 November 20132 and Commission Delegated Decision (EU) 2016/790 of 13 January 20163 , and for the purpose of giving full effect to Commission Implementing Regulation (EU) 2015/983 of 24 June 20154 , and for the purpose of giving effect to Article 49 of the Treaty on the Functioning of the European Union in so far as that Article relates to the recognition of pharmacist qualifications, hereby make the following regulations:

Part 1

Preliminary

Citation

1. These Regulations may be cited as the European Union (Recognition of Professional Qualifications) Regulations 2017.

Commencement

2. These Regulations come into operation on 17th day of January 2017.

Interpretation

3. (1) In these Regulations—

“adaptation period” has the meaning assigned to it in Regulation 23;

“aptitude test” has the meaning assigned to it in Regulation 24;

“competent authority” means—

(a) in the State, the authority designated as competent authority for a profession or professions under Regulation 5, or

(b) in another Member State, any authority or body empowered by that Member State specifically to issue or receive training diplomas and other documents or information and to receive the applications, and take the decisions, referred to in the Directive;

“Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 20051, as amended by Council Directive 2006/100/EC of 20 November 20065 , Commission Regulation (EC) No. 1430/2007 of 5 December 20076 , Commission Regulation (EC) No. 755/2008 of 31 July 20087 , Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20088 , Commission Regulation (EC) No. 279/2009 of 6 April 20099 , Commission Regulation (EU) No. 213/2011 of 3 March 201110 , Act concerning the accession of the Republic of Croatia11 , Commission Regulation (EU) No. 623/2012 of 11 July 201212 , Council Directive 2013/25/EU of 13 May 201313 , Directive 2013/55/EU of the European Parliament and of the Council of 20 November 20132 and Commission Delegated Decision (EU) 2016/790 of 13 January 20163;

“ECTS” means the European Credit Transfer and Accumulation System, the credit system for higher education used in the European Higher Education Area;

“eligible person” means—

(a) a national of a Member State,

(b) a family member of a national of a Member State, as defined in Article 2(2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 200414 , who has been given the right of residence or permanent residence in the State pursuant to that directive, or

(c) a person granted refugee or subsidiary protection status in the State under Council Directive 2004/83/EC...